Mandibles forwarded by Gujarat Assembly seem to be a subject of abhorrence for the Centre. Whether it’s Gujarat Local Laws (Amendment) Bill or Gujcoc, they were rejected by the President (on the recommendation of the UPA government). In this milieu, the Bombay Prohibition (Gujarat Amendment) Bill, 2009, suggesting death sentence for those involved in the business of the illicit country liquor or hooch, causing death of people, gives the impression to have cracked the curse. It is approved by the Attorney General of India.
The Governor of Gujarat forwarded this Bill to the Centre on the Gujarat Assembly’s recommendations in July last year as an outcome of the hooch disaster that claimed more than 150 lives. The Bill was approved by the Attorney General of India, G. E. Vahanvati, saying that the Bill was legally correct as per Section 300 of IPC which defines ‘murder’ - it says, If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death, then it could be categorized under murder.
The anticipated amendments take in 7 to 10 years caging, plus penalty, for any person found distilling and distributing illicit liquor. In case of casualties, the edict asks for death sentence or life imprisonment.
OK… FINE… SO THIS WAS THE NEWS I READ YESTERDAY…
The story is about punishing the ‘murderers’ as per Section 300 of IPC. But…
In our country, attempt to suicide is an offence punishable under Section 309 of the Indian Penal Code. Section 309 reads thus:
Attempt to commit suicide. “Whoever attempts to commit suicide and does any act towards the commission of such offence shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both.”
Article 21 of the Constitution of India enjoins that no person shall be deprived of his life or personal liberty except according to procedure established by law.
If makers and sellers of the forbidden drink are considered as ‘murderers’ then those who drink hooch must be considered for attempting suicide. The Government at times give compensation to the families of these victims of spurious brews (obviously, that reimbursement comes from people’s hard earned money, it is not the government’s hard earned money). Anyways, it’s not the government that is paying to the hooch victims families, it is us who are paying and why should we pay? If families of hooch victims are given compensation, then families of all the persons who commit suicide by any other famous ways also deserve the benefit. Compensation must also be provided to the families of the persons who unsuccessfully tried to pull down the ceiling fans with their necks, to the families of those who tried to experiment whether the train derails when their body comes under it, to the families of those who tried to determine the taste of rat poison, to the families of those who doubted that their blood is red in color and checked by cutting their veins, and all such people who tried to find the truths of life in death.
This shows how short-sighted, uneconomical and weak system we have. Hooch drinkers should not only be charged for drinking the illicit liquor but also for suicide attempt. This should be the new upcoming Bill of any assembly.
Written By
Kushagra Raval
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very correct kush..
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